TRADE RULES & DISPUTE RULES

Chapter 1 Overview

Article 1 These Rules are formulated in accordance with relevant provisions of the Newgentechglobal.com International Platform’s General Provisions, Newgentechglobal.com Transaction Services Agreement, and the Trade Assurance Services Rules to protect the rights and interests of the Buyer and the Seller with respect to online transactions on Newgentechglobal.com.

Article 2 When a dispute arises between the Buyer and the Seller after they have conducted an online sale and purchase of products transaction through the Newgentechglobal.com, if either party submits their disputes to Newgentechglobal.com, the following Rules will apply.

Article 3 If the Buyer and the Seller otherwise agree upon the rules for handling the transaction disputes, Newgentechglobal.com has the right to decide whether rules will be applied, except the rules contradicts the rules on Newgentechglobal.com.

Article 4 Notices related to disputes sent by Newgentechglobal.com to the Buyer and/or the Seller through the Newgentechglobal.com system, official communication tools, e-mail, telephone, etc. constitute the basis for deciding the disputes.

 

Chapter 2 Definitions

Article 5 Newgentechglobal.com International Platform refers to the website www. Newgentechglobal.com and mobile Apps.

Article 6 Online Transaction is as defined in the Newgentechglobal.com Transaction Services Agreement.

Article 7 Purchase Contract: refers to the agreement between the Buyer and the Seller with respect to the purchase of products and services on Newgentechglobal.com.

Article 8 Quality Problems means the material, craftsmanship, and/or quality of the products delivered by the Seller fails to meet the provisions of the Purchase Contract, or there is damage, functional failure, missing parts or other issues that may prevent their normal use.

Article 9 Inconsistent Description means that the product name, brand, model, color, specification, quantity, material, style, function, and/or other information with respect to the products delivered by the Seller are inconsistent with the descriptions on the products detail page, the provisions of Purchase Contract, or the communication records between the Seller and Buyer.

Article 10 Infringement means the products delivered by the Seller infringe upon the intellectual property rights of third parties.

Article 11 Customs Detention means the products are attached, confiscated, destroyed, or detained by the customs of the importing country due to reasons such as violation of restrictions imposed by the importing country, no customs clearance, declaration errors, products infringement and contraband control.

Article 12 Return of Products and Refund means Seller refunds the purchase price in whole to the Buyer after the Seller signs for receipt of the products returned by the Buyer.

Article 13 Partial Refund means the Seller refunds a portion of the purchase price to the Buyer after the Buyer signs for receipt of the products delivered by the Seller.

Article 14 Refund means the Seller refunds the purchase price to the Buyer in whole and the Seller negotiates with the Buyer to determine whether to return the products.

Article 15 Date of Shipment as defined in the Trade Assurance Services Rules.

Article 16 Force Majeure means circumstance or event that is unforeseeable, unavoidable, or insurmountable for the Buyer and the Seller when they enter into a contract, including but not limited to natural disasters (e.g. typhoons, heavy rain, hail, earthquakes, tsunamis, floods, volcanic eruptions, landslides), anomalies (e.g. wars, armed conflicts, riots, uprising, fires, explosions, toxic spills, serious outbreaks), and government actions (e.g. regulation and control, expropriation, requisition).

 

Chapter 3 Acceptance

Article 17 Application for dispute resolution shall be made within the time limit prescribed by Newgentechglobal.com, which cannot exceed 30 calendar days after the Date of Confirmed Receipt of the Products. If the order is closed by Newgentechglobal.com, application shall be made within thirty days of receipt of the notice that the order has been closed. If there are special provisions, such provisions shall prevail.

Article 18 Newgentechglobal.com has the right to extend the time limit or not to set a time limit for accepting application for dispute resolution if, in Newgentechglobal.com reasonable opinion, there is a dispute involving suspected fraud (including but not limited to false shipment, serious quality deficiencies, a large quantity of inconsistent products, and other obvious malicious non-compliance or evasion of debts) or any other circumstances that Newgentechglobal.com considers necessary.

Article 19 Newgentechglobal.com has the right to refuse to accept the following applications, and the Seller and the Buyer should resolve the dispute by themselves:

• An application for dispute resolution was not filed within the time limit;
• The Seller and the Buyer have reached a settlement agreement and the performance thereof has been completed, but either or both of the parties has/have changed their minds, thereby resulting in a dispute;
• The Buyer and the Seller collude in bad faith and use the Newgentechglobal.com Sites to conduct false transactions or commit other illegal acts;
• After a Refund is processed, the Seller needs to retrieve the products, thereby resulting in a dispute;
• Either party claims for compensation that exceeds the amount of the transaction (including purchase price, inspection fees, shipping and bank charges), unless otherwise specified;
• Applications that Newgentechglobal.com is unable to accept based on the evidence provided by both parties;
• Disputes not related to the Online Transaction (including, without limitation, the products violates the product posting rules of Newgentechglobal.com and defamation by either the Seller or the Buyer); and
• Where these Rules have special provisions about other circumstances that will not be accepted, such provisions shall prevail.

 

Chapter 4 General Rules

Article 20 The Buyer and the Seller shall provide evidence for their respective claim or defense no later than three working days after making application for dispute resolution or receiving the notice of dispute resolution from Newgentechglobal.com, and shall undertakes that the evidence provided is authentic, complete, relevant and legitimate.  Newgentechglobal.com has the right to obtain evidence on its own or from a third party as it deems necessary, and determine the liability of the parties and the disputes based on the reasonable man standards and international trade practices.

Article 21 If either party submits false, altered, or forged evidence, or fails to submit evidence that meets relevant requirements within the time limit set by Newgentechglobal.com, Newgentechglobal.com has the right to terminate the dispute resolution process or make a decision based on the evidence submitted.

 

Chapter 5 Shipment

Article 22 The Seller shall fulfill the obligation of shipping products in accordance with the shipment date, shipment method, and delivery information as stipulated in the Purchase Contract, and provide corresponding documents or certificates according to the Purchase Contract.

Article 23 Where the Seller fails to ship the products within the agreed shipment time, the Seller shall obtain consent from the Buyer before shipping the products. The Buyer and the Seller may reschedule the shipment date as agreed. If the Seller has not shipped the products at the time of receipt of the Refund application, the Seller shall liaise and negotiate with the Buyer, and arrange for shipment again upon mutual agreement, or ask Newgentechglobal.com for a resolution.

Article 24 Where the products are not delivered due to errors in the delivery information provided by the Buyer, the Seller shall use commercially reasonable efforts to cooperate with the Buyer to modify the delivery information or provide necessary assistance, and the additional costs so incurred shall be borne by the Buyer. If the Seller fails to ship the products on the agreed shipment date or the products cannot be delivered on the agreed date for the reasons attributable to the Buyer. Newgentechglobal.com shall not support Buyer’s claim against the Seller for late shipment or delivery.

Article 25 Where the Buyer and the Seller do not expressly agree on the documents or certificates required by customs clearance for import of products, the Seller shall remind the Buyer to specify such required documents or certificates in the contract, otherwise the loss arising from failure to clear the products with customs due to the non-provision of such required documents or certificates shall be borne by the Seller, and if said documents or certificates are still not expressly stipulated after the Seller reminds the Buyer, such risk shall be borne by the Buyer. 

Chapter 6 Receipt of Products

Article 26 The Buyer shall accept the delivery of products in accordance with the Purchase Contract at the address, and in the manner as agreed upon with the Seller. The Buyer shall personally sign the receipt of products, or ask others to do so on his/her behalf, or instruct the carrier to place the products at the designated place. If the recipient entrusts another person to sign the receipt of products or instructs the carrier to place the products at a designated place, the Buyer shall be deemed to have signed the receipt of products by itself and the risk of the loss of the products shall be borne by the Buyer. If the Buyer claims that it has not signed receipt of products by itself, the Seller shall assume the burden of proof to prove the otherwise and if the Seller is able to establish the same with relevant evidence, the risk of the loss of the products shall be borne by the Buyer.

Article 27 The Buyer shall ensure that the delivery information provided to the Seller is true, accurate, and valid. If any the delivery information needs to be changed, consent shall be obtained from the Seller. If the products are received by others, lost, or damaged due to errors or omissions in the delivery information provided by the Buyer, the Buyer shall bear the losses.

Article 28 If the Buyer is in breach of the provisions relating to the receipt of products as stipulated in Chapter 6 of these Rules and the products are returned to the Seller as a result, the Buyer shall compensate the Seller for the actual losses, provided that the maximum amount shall not exceed the contract amount; if the products are received by others, damaged, or lost, the Buyer shall pay the Seller.

Article 29 Where, after the Purchase Contract takes effect, the Buyer terminates the contract or applies for Refund without cause, the Buyer shall compensate the Seller for the actual losses, provided that the maximum amount thereof does not exceed the contract amount.

Article 30 Where the Seller is responsible for shipping the products and ship the products through commercial express.

Article 31 Where the Seller is responsible for shipping the products and ship the products through commercial express, the buyer shall be responsible for the risk and expenses incurred by the return of products due to damage.

 

Chapter 7 Inspection of Products

Article 32 The Buyer may inspect whether the quality of the Seller’s products is consistent with relevant provisions of the contract in accordance with agreed inspection standards, inspection institution, and inspection method. If the parties have not clearly agreed upon inspection in advance and cannot reach an agreement through negotiation, Newgentechglobal.com may designate a third-party inspection institution to inspect the products in accordance with applicable industry standards, and the resulting inspection costs shall be borne by the buyer as determined by Newgentechglobal.com

Article 33 Where a sampling inspection is agreed by both the Buyer and the Seller, the specific sampling inspection ratio shall be in accordance with the Purchase Contract or the agreement reached by the parties. If said ratio has not been agreed upon, Alibaba.com has the right to determine the sampling inspection ratio pursuant to the Quality Inspection Standards for Trade Assurance Service, and if a product fails to pass the sampling inspection, such entire batch of products shall be deemed as substandard.

 

Chapter 8 Customs Detention and Freight

Article 34 If the products cannot pass customs clearance smoothly due to reason attributable to the Buyer, and the Buyer fails to take remedial measures within the time limit set by Newgentechglobal.com, Newgentechglobal.com shall support payment to the Seller, and the risk of the products not being able to be delivered to the Buyer shall be borne by the Buyer.

Article 35 Fines, warehousing fees, shipping costs for returning products, and other losses resulting from detention of products by the customs shall be borne by the buyer as determined by Newgentechglobal.com, and if said losses are otherwise agreed upon by the Parties, such agreement shall prevail.

Article 36 Any dispute arising between the Seller and the Buyer in respect of freight fees shall first be resolved according to the provisions of the contract between the parties. If the freight fees are not prescribed or clearly prescribed in the contract, Newgentechglobal.com will determine the allocation of liabilities  according to the principle of “either party who is at fault is liable”.

  

Chapter 9 Termination

Article 37 Newgentechglobal.com has the right to terminate the dispute resolution process when one of the following circumstances occurs during the dispute resolution process:

• The dispute does not fall within the scope of acceptance stipulated in these Rules and exceeds the period of acceptance specified in these Rules;
• The party applying for dispute resolution requests for withdrawal of the application;
• The arbitration institution that has jurisdiction over the dispute involved has rendered an award;
• Both the Buyer and the Seller agree to resolve the dispute through consultation;
• Either party notifies Newgentechglobal.com that the dispute has been submitted to an arbitration institution of competent jurisdiction for arbitration or both parties have agreed to submit the dispute to other trade dispute settlement institution for settlement;
• In case of a dispute arising from a transaction in which the Buyer has chosen credit card or e-checking as payment method, the Buyer applies to the card issuer for chargebacks for the transaction in dispute while applying to Alibaba.com for dispute resolution；
• Either party violate other rules of Newgentechglobal.com;
• Either party submits evidences that are not authentic or are forged or altered or otherwise violate applicable laws and regulation.

 

Chapter 10 Supplementary Provisions

Article 38 If there are particular provisions governing dispute resolution in the official activity rules or other specific types of trading rules of the Newgentechglobal.com International Platform, such provisions shall apply.

Article 39 The transactions that have not been processed after these Rules take effect or are modified shall be governed by such effective or modified rules.

Article 40 Newgentechglobal.com will from time to time amend these Rules, and the content of said amendments will take effect upon expiration of the public announcement.

Article 41 In the event of any inconsistency between the English and Chinese versions of these Rules, the Chinese version shall prevail.